Gutted

lozcb

Member
Messages
12,586
Bad start to the year guys , just had my planning refused at appeal for the 2nd time , pondering whether to take it to the high court , rumour has it the councils havent got the where with all to fight the cases , hook or by crook i want my Fezza workshop , oh im angry at the moment , objections are really minor and in my book really trivial


regards loz
 

dem maser

Moderator
Messages
34,277
my uncle was refused on building an extension to his house as he wanted to extend the garage and make it into a garage/boys room...

the council was enfield and after 2 years he took it up in court....he won loz.....this was 3 years ago.....
 

ENZ525

Member
Messages
6,748
Oh Loz...
Is the high court the only next step?
no chance of a revision or some kind of compromise to get approval,
high court just sounds like it could go on and on and cost a few quid...
Regards,
Enzo.
 

MAF260

Member
Messages
7,662
Sorry to hear that Loz. I'm told that planning appeals away from your local council (Planning Inspectorate?) are very time consuming and potentially costly. I believe the process can take 6 months just to get started.

Will your local planning department not advise you on what is acceptable?
 

lozcb

Member
Messages
12,586
The main reason for the extension was to create a large main bedroom with on suite dressing room etc , which means going up two story's on the side of the house , below would have been my fezza workshop protruding out the front of the house aswell intergrating a new porch, they consider that it would have an overbearing effect om my next door neighbours outlook ,

And to extend my existing single detached garage into a double right up to the perimeter of the front garden , by removal of a hedge and building a new perimeter wall , he said the hedge was a feature of the road and enhanced the landscaping ,

Looking for advice as to where to go from here , Kaz has said sod it lets move


regards loz
 

dem maser

Moderator
Messages
34,277
enquire how much itll cost and what your chances are for court otherwise moving might not be a bad idea.....
 

lozcb

Member
Messages
12,586
Oh Loz...
Is the high court the only next step?
no chance of a revision or some kind of compromise to get approval,
high court just sounds like it could go on and on and cost a few quid...
Regards,
Enzo.

We tried compromises Enzo , by sloping the pitch of the roof to the front and side of the building etc, to reduce the so called less intrusion and create more daylight
but they said it wasn't enough although the light equation worked in our favour , they still felt that it was considered an overbearing outlook

hmmmm ironicly there are several properties down our road with far worse intrusions , which really wants me to fight and stand my ground


regards loz
 

dem maser

Moderator
Messages
34,277
anything you need from legal point of view email my mrs loz...she might be able to advise you...
 

Team GCR

Member
Messages
1,152
It needs serious thought before going to the High Court. A few years ago we applied for planning at my parents house to remove s sycamore tree that was damaging the garage and perimiter wall, as part of the apllication we were going to replace the sycamore with a more suitable native tree such as a rowan. Also it had been previously agreed with the council that if we established other trees in the garden we could fell the sycamore in the future and we had done this. It is also worth noting that the neighbours supported our application to fell the tree. Never the less Islington Council refused the application and in the end my dad took an appeal to the High Court. Counsel said we would certainly win but in the end we still lost.

In the end it would have been cheaper to have cut the tre down and pay the £25,000 fine for doing so!
 

Markc

Member
Messages
258
Loz, its a shame I haven't been on either forum for a while as I could have helped out. I'm a planning consultant and whilst I specialise in big stuff I'm just as unhappy dealing with the usual trials and tribulations people face as soon as they engage the planning system.

First thing - don't bother the High Court unless the LPA have erred in law or if you can prove they have been what we call Wednesbury unreasonable. I doubt either apply and you are talking big money as Team above points out. I'm happy to advise - if you're interested just PM me the application ref and I'll give you my work email so you can send me the Inspector's decision letter or Appeal ref.

Regards

Mark
 

lozcb

Member
Messages
12,586
Loz, its a shame I haven't been on either forum for a while as I could have helped out. I'm a planning consultant and whilst I specialise in big stuff I'm just as unhappy dealing with the usual trials and tribulations people face as soon as they engage the planning system.

First thing - don't bother the High Court unless the LPA have erred in law or if you can prove they have been what we call Wednesbury unreasonable. I doubt either apply and you are talking big money as Team above points out. I'm happy to advise - if you're interested just PM me the application ref and I'll give you my work email so you can send me the Inspector's decision letter or Appeal ref.

Regards

Mark

Cheers for the reply Mark , only really had it all explained to me today at a meeting down at the local planning office, we had the notice of refusal when i first got back from my recent holls ,my guy told me not to worry as ammendements could be made to get them passed and the guy i used, to do and submit the plans albeit a nice guy and friend of the family , wasn't very forthright at the meeting , sort of took it on the chin , where as i had to do all the asking and clarifying , I was told no two story extention was going to be allowed , but there are several similar extentions to what i am proposing down my road that have been completed within the last few years , feel like banging my head against the wall , i want a site meeting so that i can show them (the said buildings ) and see what they have to say about it )

Could it be the fact that my neighbour has objected and maybe theirs didnt at the pre submission stage

Will get in contact Mark once ive talked it over with the missus tonite


regards loz
 

Easyplan66

New Member
Messages
3,358
Loz,

As you may know I am in the business as well, www.easyplan.uk.com we only do house extensions, sounds like you need a specialist consultant like Mark who I assume is a town planning consultant if you have been to appeal. Did you use a specialist to go to appeal?
More than happy to give you the benefit of my advice (1860 domestic planning applications to date) email me your drawings if you have an electronic copy.
 

lozcb

Member
Messages
12,586
Cheers Andrew , i only have hard copies at the moment , the electronic copies are on Kaz's pc ' ill get her to send them tonight if thats okay


regards loz